Assalamu Alaikum.I am reaching to you in regards to a few incidents in my family.
Many of my relatives gave their children in Qawmi Madrasah in Bangladesh so that their child becomes Hafiz, Alim. But in some cases some undesired incidents left us deeply hurt.
One of my relative's son was studying Hifz in a renowned Madrasah in Bangladesh. Due to his medical condition he was taking medicine that made him sleep heavily. The ustads knew it and the parents requested the ustads to co-operate and help. One day, with all the students he went to sleep but could not wake up so quickly like others. So, his ustad beat him so hard in the hip that he got permanent injury that will affect him lifetime, the doctor said. Now he cannot sit for long time and his regular activity is restricted.
If this was a mere incident, then it was not a matter to worry a lot. Similar incidents occured with another relative of mine, when his son not being able to say his lessons for some excusable cause, the ustad slapped him so hard that his eardrum ruptured with profuse bleeding. Some kids of my neighbours and friends were mentally unstable in fear of the torture they saw in their madrasah and some also experienced severe beating without major permanent damage. Many times when the parents go to talk to the ustad regarding this physical punishment, they justifies it Islamically saying teachers are after parents in Islam and they have the right to punish them physically in case of necessity and it is no sin.
The overall situation and all these incidents are creating mistrust and bad image regarding Qawmi Madrasah and I get to face a lot of questions as I am one of the persons in my family who encourage my relatives to make their children alim/hafiz by giving them in Madrasah.
So my questions are-
بسم اللہ الرحمن الرحیم
الجواب ومنہ الصواب
It is permissible for the teacher to beat the student in the appropriate amount in order to repel mischief as a matter of discipline. It is not permissible to beat the student as revenge or to act out of extreme anger or punish more than necessary.
Regarding the disciplinary beating of children, the jurists say that it is permissible to beat them three times by hand. It is not permissible to hit more than that, or hit with a stick, etc.
It is also evaluate and consider the child's tolerance even when beating three times by hand.
فی الشامیۃ والمعائم یصربہ بحکم الملک بتملیک ابیہ لمصلحۃ الولد ھذا اذا لم کن الضرب فاھشا (۱۲۵۱۶
ضرب ابن عشر علیھا بید لا بنشبۃ ای ولا یجاوز الثلاث وکذلک المعلم لیس لہ ان یجاوزھا قال علیہ الصلوۃ والسلام لمرداس المعلم ایاک ان تضرب فوق الثلاث فانک اذا ضربت فوق الثلاث اقتص اللہ منک وظاھرہ أنہ لایضرب بالعصافی غیر الصلاۃ ایضا (درمع ردالمحتار:۵۱۲)
ھکذا فی فتاویٰ دارالعلوم دیوبند وفتاویٰ مفتی محمود وخیراالفتاویٰ
For further details, please refer to the Federation of Madrassas Board of your country or the Ulema-e-Kabar in your area. They are more familiar with the environment and mood of the country.
فقط واللہ اعلم بالصواب